Possession

In civil cases intent is rarely a part of possession. However, in criminal cases possession usually requires conscious possession. In other words, the person must be conscious of the fact that the item is illegal and that he or she possesses it. A person with possession of illegal drugs may avoid conviction if he or she believed the drugs were legal. Generally, to be guilty of criminal possession, a person must either know the item is illegal when it is received or must keep possession of the object after learning it is illegal.